FTC Funeral Rule: Your Complete Consumer Rights Guide (2026)

What Is the FTC Funeral Rule?

The FTC Funeral Rule (16 CFR Part 453), enacted in 1984, is the federal law that protects American consumers when purchasing funeral goods and services. It is enforced by the Federal Trade Commission and applies to all funeral homes, mortuaries, and funeral service providers operating in the United States. Unlike many consumer protection laws that vary by state, the Funeral Rule is federal law — it applies everywhere, and violations can result in fines of up to $50,120 per violation.

Your 6 Core Rights Under the Funeral Rule

1. The Right to an Itemized General Price List (GPL)

The most important protection: every funeral home must give you a written, itemized General Price List (GPL) the moment you ask — in person or by phone. No appointment needed. No obligation. No waiting. The GPL must list the price of every individual good and service the funeral home offers. If you walk into a funeral home and they hesitate to give you a price list, they are violating federal law. What to do: Ask for the GPL before discussing any arrangements. Compare GPLs from 2-3 funeral homes. The prices must be itemized — not "our package starts at $5,000."

2. The Right to Buy Only What You Want

Funeral homes cannot require you to buy a "package" of goods and services. You have the right to buy individual goods and services. If you want a direct cremation with no embalming, no viewing, and no funeral service — you have the right to buy exactly that. The funeral home cannot say "we only offer complete funeral packages." Exception: The funeral home CAN charge a non-declinable "basic services fee" that covers their overhead (typically $1,500-3,000). This fee is legal. But everything beyond that basic fee — embalming, use of facilities for viewing, use of hearse, memorial cards — must be optional and separately priced.

3. The Right to Use an Alternative Container for Cremation

You do not need to buy an expensive casket for cremation. The funeral home must offer an alternative container — typically a heavy cardboard or fiberboard container ($50-200) — and must tell you it is available. They cannot require you to buy a casket if you are choosing cremation. This single provision can save families $2,000-8,000. If a funeral director tells you a casket is "required" for cremation, they are either misinformed or violating federal law.

4. The Right to Buy a Casket Anywhere

You can buy a casket from any source — Costco, Amazon, a local woodworker, an online casket retailer — and the funeral home cannot refuse it. They cannot charge you a "handling fee" for using a casket you bought elsewhere. They cannot require you to be present when the casket is delivered. This right alone can save families $1,000-5,000, as funeral home casket markups average 200-400%.

5. The Right to Embalming Disclosure

Embalming is almost never legally required. The funeral home must disclose this in writing. They cannot tell you embalming is required by law when it is not. Embalming is primarily cosmetic — it temporarily preserves the body for viewing. If you are not having a public viewing, or if the body will be buried or cremated within 24-48 hours, embalming is unnecessary. The funeral home must get your specific permission before embalming — and they cannot charge you for embalming you did not authorize.

6. The Right to Pricing by Phone

Funeral homes must disclose prices over the phone. You do not need to visit in person to get pricing information. This makes comparison shopping possible without the emotional difficulty of visiting multiple funeral homes during a time of grief. Call 2-3 funeral homes, ask for the price of a direct cremation or immediate burial, and compare. If they refuse to give prices by phone, they are violating the Funeral Rule.

What the Funeral Rule Does NOT Cover

The Funeral Rule does not regulate: cemeteries (cemetery plot prices, opening/closing fees, perpetual care), crematories that deal directly with the public (standalone crematories are not "funeral providers" under the Rule), or third-party sellers of caskets and urns (they are not funeral providers). State and local laws may fill some of these gaps. Always check your state's specific funeral regulations in addition to the federal Funeral Rule.

How to Report a Funeral Rule Violation

If a funeral home violates any provision of the Funeral Rule, you can and should file a complaint with the Federal Trade Commission at reportfraud.ftc.gov. The FTC investigates patterns of complaints and can impose fines of up to $50,120 per violation. You can also file a complaint with your state's attorney general office and your state's funeral board or licensing agency. Documentation matters: write down the name of the funeral director you spoke with, the date and time, and exactly what they said. If they gave you a written price list, keep it. If they refused to give you one, note that too. Pattern evidence from multiple consumers is how enforcement actions begin.

The Most Common Funeral Rule Violations (and How to Spot Them)

1. Refusing to provide a GPL: "We don't have a printed price list" or "I can just tell you the prices." Both are violations. The GPL must be a written document you can take with you.
2. Package-only pricing: "Our services start at $8,500." If they cannot or will not sell individual items outside the package, they are violating the Rule.
3. Embalming without permission: If the funeral home embalmed the body without your explicit written authorization, they violated the Rule — even if embalming was "necessary" for the type of service you requested. They still need your permission.
4. Casket handling fees: "We charge a $500 fee if you bring your own casket." Illegal. The funeral home cannot penalize you for exercising your right to buy a casket elsewhere.
5. Misrepresenting legal requirements: "State law requires embalming for cremation." In almost all cases, this is false. The funeral home must provide a written disclosure that embalming is not required by law except in specific rare circumstances.
6. Refusing to give prices by phone: "You need to come in to discuss pricing." Illegal. The Funeral Rule explicitly requires price disclosure by telephone.

State-Specific Funeral Protections

While the FTC Funeral Rule is federal law, many states have additional funeral consumer protections beyond the federal baseline. California requires funeral homes to post their GPLs online. New York requires funeral homes to provide an itemized statement of goods and services before the funeral. Florida has a state Funeral and Cemetery Services law that includes cemetery plot protections not covered by the FTC Rule. Check your state's funeral board or consumer protection agency website for state-specific rights that go beyond the federal Funeral Rule.

Real Cost Impact: How the Funeral Rule Saves You Money

Sources: FTC Funeral Rule (16 CFR Part 453), FTC Funeral Industry Guidance, NFDA 2026 General Price List Survey, Funeral Consumers Alliance state-by-state funeral law database. Disclaimer: This article is informational and does not constitute legal advice. If you believe a funeral home has violated the Funeral Rule, consult an attorney or contact the FTC directly.

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